Purpose And Intent. Within the City of Creve Coeur, certain
existing lots, structures and uses of land which were lawful prior
to the adoption or amendment of this Chapter are prohibited under
the terms of this Chapter. This Article is intended to declare non-conformities
to be incompatible with the permitted uses in each district; to permit
non-conformities to continue until they are removed; and to prohibit
non-conformities from being extended, expanded, enlarged or increased
in intensity.

Authority to continue. Any non-conforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued, so long as it remains otherwise lawful, subject to the restrictions in Subsection (B)(2 — 4).

Repair, alterations. Any such structure described in Subsection (B)(1) above may be maintained, repaired or remodeled; provided however, that no such maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure.

Damage, decay, destruction. In the event that any
non-conforming structure or any structure devoted in whole or in part
to a non-conforming use is damaged by fire, explosion, act of God
or public enemy, such structure may be restored or replaced and such
non-conforming use resumed, provided that such restoration or replacement
does not exceed the same dimensions and volume as existed before such
destruction or damage. The restoration or replacement of the non-conforming
structure shall be commenced within twelve (12) months of the date
of destruction or damage and shall be completed within eighteen (18)
months of the commencement of restoration or replacement, unless extended
by the City Council.

Moving. No structure described in Subsection (B)(1) above shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot unless the entire structure shall thereafter conform to the provisions of the zoning district in which it is located after being moved.

Authority to continue. Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the provisions contained in Subsection (C)(2 — 9).

The normal maintenance and repair or the replacement, installation
or relocation of non-bearing walls, non-bearing partitions, fixtures,
wiring or plumbing may be performed on any structure that is devoted
in whole or in part to the non-conforming use. Neither this nor any
other provision of this Chapter shall be interpreted to authorize
any increase in the size or degree of the non-conforming use or any
violation of the provisions of any other Subsections of this Section.

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition (where such restoration will not be in violation of Section 405.610(B)).

Major rehabilitation or structural alterations. A
structure or structures devoted in whole or in part to a non-conforming
use shall not be extensively renovated, remodeled, rehabilitated nor
shall the structural system of the building be altered, unless the
entire structure and use of the structure shall thereafter conform
to all provisions of this Chapter and of the zoning district in which
the use is located.

Damage, decay, destruction. In the event that any
non-conforming structure or any structure devoted in whole or in part
to a non-conforming use is damaged by fire, explosion, act of God
or public enemy, such structure may be restored or replaced, provided
that such restoration or replacement does not exceed the same dimensions
and volume as existed before such destruction or damage. The restoration
or replacement of the non-conforming structure shall be commenced
within twelve (12) months of the date of destruction or damage and
shall be completed within eighteen (18) months of the commencement
of restoration or replacement, unless extended by the City Council.

Moving. No structure that is devoted in whole or
in part to a non-conforming use shall be moved in the whole or in
part for any distance whatever, to any location on the same or any
other lot, unless the entire structure and use thereof shall thereafter
conform to all provisions of the zoning district in which it is located
after being so moved.

Change in use. A non-conforming use shall not be
changed to any use other than a use permitted in the zoning district
in which the use is located. When a non-conforming use has been changed
to any permitted use, it shall not thereafter be changed back to a
non-conforming use.

Abandonment or discontinuance. In the event that
the non-conforming use of any building or premises is discontinued
for a period of one (1) year, regardless of any reservations of an
intent not to abandon or resume such use, any subsequent use or occupancy
of such structures shall comply with provisions of this Chapter including
those of the zoning district in which the structure is located.

Non-Conformities Within Setback Lines. In addition to the provisions of Section 405.240 regulating setbacks, the following regulations shall apply to those non-conformities located within prescribed setback lines from the rights-of-way of public or approved private streets and highways.

Projection of existing structures into required setbacks. No structure shall be constructed, reconstructed or structurally
altered in such a manner as to project into the area prescribed as
a setback from a public or approved private street or as established
by this Chapter.

Continuation. The lawful use of any building, all
or part of which may otherwise be in violation of this Chapter, may
be continued, provided that no structural alterations shall thereafter
be made on the portion of the non-conforming building located within
the prescribed setback lines. New buildings to replace destroyed or
removed non-conforming buildings shall conform to the provisions of
this Article.

Removal of signs and other materials. Any advertising
sign, billboard or structure other than a building or any stored material
within the prescribed setback from the right-of-way of a public or
approved private street or highway shall be removed within two (2)
years from the date of the first (1st) official notice from the City
of Creve Coeur.

Authority to continue. Site-related non-conformities on any lot which is devoted to a use which is permitted in the zoning district in which it is located may be continued, so long as it remains otherwise lawful subject to the restrictions in Subsection (E)(2 — 5).

Damage, deterioration, destruction. In the event
that any structure located on a lot containing site-related non-conformities
is damaged by fire, explosion, act of God or public enemy, such structure
may be restored or replaced, provided that such restoration or replacement
does not exceed the same dimensions and volume as existed before such
destruction or damage. The restoration or replacement of the non-conforming
structure shall be commenced within twelve (12) months of the date
of destruction or damage and shall be completed within eighteen (18)
months of the commencement of restoration or replacement, unless extended
by the City Council.

Cessation of site-related non-conformities. Except as further required by Section 405.790(D), any non-residential lot with site-related non-conformities which is proposed for a change of use or which is proposed to be expanded or enlarged by more than five thousand (5,000) square feet of impervious surface or ten percent (10%) of its lot coverage, whichever is less, shall thereafter comply with all requirements of this Code including, but not limited to, off-street parking and loading, landscaping, stormwater and erosion control, floor area ratio and other applicable provisions.

Cumulative effect of multiple site development plan improvements. Where multiple site development plan requests for a single project have been submitted and/or approved over any period of time after the effective date of this Chapter where potential impacts exceed criteria in Subsection (E)(4) above or together may create a substantial impact, the City shall require any new site development plan application to include the elimination of all site-related non-conformities.

The height limitations stipulated in the applicable districts shall not apply to the following, provided that such structures are approved by the Planning and Zoning Commission in accordance with the provisions for site development plan approval in Section 405.1080:

No structure shall be erected to a height that would encroach into
or through any established public or private airport approach plan
prepared in accordance with the criteria established by the Federal
Aviation Administration.

Structural overhangs. Cornices, awnings, eaves,
gutters or other similar structural overhangs at least seven (7) feet
above grade may extend up to five (5) feet into any required yard,
provided that no such overhang shall extend to within four (4) feet
of any property line.

Air-conditioners and similar mechanical equipment. Air-conditioning equipment, sprinkler system controls and similar
mechanical equipment (including utility's pad-mounted equipment) may
project into any required yard provided that the equipment is mounted
in a manner contiguous to the building.

Fire escapes, outside stairways, balconies, chimneys, etc. Open or enclosed fire escapes, outside stairways, balconies and
chimneys and flues may project up to five (5) feet into any required
yard, provided such projections shall not unduly obstruct light and
ventilation.

Swimming pools and related structures. Swimming pools and related structures are allowed within the required side or rear yards provided they meet with Section 405.460(6) and Section 405.640, Fences and Walls.

Trellises, play equipment, lights, outdoor furniture, etc. Trellises and trellis work, play equipment, wires, lights, outdoor
furniture, mailboxes, and outdoor equipment are allowed within required
yards. Ornamental masonry wing walls and courtyard enclosures that
are architecturally consistent and designed as an extension of the
home may project up to five (5) feet into the front yard, provided
they are no more than four (4) feet in height.

Unenclosed porches, steps and paved terraces. A
front porch, steps or paved terrace area with or without roofing may
project into the front yard for a distance not to exceed five (5)
feet provided such porch or terrace is no more than fifty percent
(50%) of the front elevation width of the residential structure.

Parking areas and driveways. Off-street parking
areas may encroach into the required front yard setbacks providing
that the encroachment does not extend into a required landscape buffer
along the street frontage. Parking areas and driveways may encroach
into required side yards of multi-family residential and non-residential
districts.

Miscellaneous structures and devices. Underground
utility equipment, flagpoles, regulation mailboxes, traffic signals,
fire hydrants, light poles and other similar structures or devices
may be located in any required yard.

Front Yard, Side Yard And Rear Yard Of Corner Lot. Any corner lot shall have front yard equivalent setbacks along all
street frontages. The property line opposite to the front yard line
with the greater street frontage shall be considered the side yard
line and the property line opposite to the front yard line with the
lesser street frontage shall be considered the rear yard line, as
illustrated in the following sketch:

[Ord. No. 5548, 10-9-2017]

For lots with three (3) frontages there shall be a side yard
line and no rear yard line.

Side Or Rear Buffer Yards. Where the side or rear yard in
any residential district ("A", "B", "C", "D", "AR" and "MR") abuts
a side or rear yard in any non-residential district, there shall be
provided along such abutting line or lines a side or rear yard at
least equal in depth to that required in the residential district,
other provisions of this Chapter notwithstanding. In no case, however,
shall the abutting side yard be less than twenty (20) feet and the
abutting rear yard be less than twenty (20) feet.

Fences Or Walls Within The Front Yard Section And Along Street Right-Of-Way. A fence may project within the area equivalent to the front yard setback of the applicable zoning district, when clearly to the side or rear of the home, provided that such fence is setback at least fifteen (15) feet from the property line, no more than four (4) feet in height, and is an open slatted decorative metal fencing, similar in style for swimming pool enclosures as provided in Subsection (D).

Walls, entry columns, gates and fence designs within the front yard setback or the area equivalent to the front yard setback shall be subject to site development plan approval in accordance with Section 405.1080

Every private swimming pool constructed anywhere in the City of Creve
Coeur shall be provided with an enclosure surrounding the pool area
that is constructed and maintained in compliance with the Creve Coeur
Building Code. The Zoning Administrator shall have the authority to
approve a fence surrounding a swimming pool within a setback as described
under the following conditions:

Game Court Fence. Tennis, basketball, racquetball, handball, and other game courts, hockey/ice rinks, batting cages, and other similar facilities may have an open dark coated chain link, or black netted fence customary for recreational activities up to ten (10) feet in height, provided such fence is setback at least fifteen (15) feet from any property line abutting a single-family residence. Approval of permanent lighting standards for Game Courts shall be reviewed by the Planning and Zoning Commission as a Minor Site Plan as provided in Section 405.1080.

The
horizontal and vertical support posts must be inside of the fence
area or otherwise hidden from both the neighbor's and general public's
view. Fences with a shadowbox design shall be considered to hide support
posts.

Temporary buildings that are used in conjunction with construction
work only may be permitted in any district during the period that
the building is being constructed, but such temporary buildings shall
be removed upon completion of the construction work as determined
by the Director of Community Development and in no case to exceed
sixty (60) days after the last occupancy permit is issued. Also, in
the event that building construction ceases for a period of two (2)
years, as determined by the Director of Community Development, such
temporary buildings shall be removed.

No
inoperable and/or unlicensed vehicle shall be parked and no motor
vehicle frame, vehicle body or vehicle body part shall be stored on
residentially zoned property except when parked or stored in a completely
enclosed garage or building.

A maximum
of three (3) automobiles may be parked in an unenclosed area on a
single-family-zoned lot. However, one (1) additional vehicle for each
licensed driver permanently residing at the premises may be parked
on the lot and this Section does not preclude the parking of automobiles
by persons visiting a single-family home. Vehicles may only be parked
or stored on an improved surface.

The angle at which a permanently attached shield directs
light downward and obstructs light discharge in a manner that lessens
glare emitted from the fixture. The cutoff angle is measured from
the vertical plane which is perpendicular to the ground and is restricted
to a maximum of seventy-three degrees (73°) as demonstrated in
the following exhibit:

A lighting fixture constructed in such a manner that all
light emitted by the fixture, either directly from the lamp or a diffusing
element or indirectly by reflection or refraction from any part of
the luminaire, is projected no greater than seventy-three degrees
(73°) beyond the vertical plane perpendicular to the ground (see
cutoff angle).

The Planning and Zoning Commission shall review proposed lighting for non-residential building construction or for the replacement or addition of light standards on an existing non-residential development in accordance with Section 405.1080. The submittal shall consist of a lighting plan for review by the Planning and Zoning Commission and shall include the type, number, brightness, type of cutoff/shielding and hours of usage of all fixtures. A detailed sketch, elevation or cutsheet shall be submitted for each type of light standard. The sketch for pole-mounted light standards shall consist of the pole base, the pole, the mounting arm or other attachment device and the fixture.

In residential zoning districts ("A," "B," "C," "D" and "AR") lighting fixtures, except traffic signals and lighting for major outdoor recreation facilities, shall not exceed sixteen (16) feet in height (measured from the bottom of the base to the top of fixture) unless specifically permitted by the site development plan approval in accordance with Section 405.1080.

In non-residential zoning districts lighting fixtures, except for traffic signals and lighting for major outdoor recreation facilities, shall not exceed twenty-four (24) feet in height (measured from the bottom of the base to the top of fixture) unless specifically permitted by site development plan approval in accordance with Section 405.1080.

The Planning and Zoning Commission may require lighting to be dimmed
or connected to a motion detector between the hours of 10:00 P.M.
and 6:00 A.M., but not less than an average of one (1) foot-candle
of illumination as required by Section 405.810(4).

Lighting intended to illuminate building elevations, landscaping
or signage shall shine directly onto the intended surface. Strips
or strings of lights used to call attention to a commercial use or
occupancy by outlining property lines, sales area, rooflines, doors,
windows, wall edges or other architectural features of a building
site are prohibited.

Sidewalk and pedestrian avenues may be lit by low, bollard-type lighting
or as approved by the Planning and Zoning Commission. If reflectors
or refractors are used, these devices shall direct light downward
and shall meet the cutoff angle criteria. Under no circumstance shall
light be directed outward.

The use of exposed neon as an illumination source for identification
or as an architectural feature must be reviewed and approved by the
Planning and Zoning Commission prior to installation or erection of
the exposed neon.

Additional
Provisions For Non-Residential Districts. To reduce the impact of
non-residential districts on residential districts and to reduce instances
of light trespass, either the cutoff angle or light standard height
shall be decreased for lighting in non-residential districts that
are closer than fifty (50) feet to the boundary line of an adjoining
or abutting residential district ("A," "B," "C," "D" and "AR"). In
such cases, the following shall apply:

The cutoff angle of lighting fixtures in non-residential districts
shall decrease as the distance to the property line decreases as demonstrated
in the following table:

Distance

L.S. Height

Cutoff Angle

20

24

39.81

25

24

46.17

30

24

51.34

35

24

55.56

40

24

59.04

45

24

61.93

50

24

64.36

When the light standard height is constant, the cutoff angle
may be calculated as follows:

Θ = Tan-I (Distance/Pole Height)

Where Θ = Cutoff Angle

Distance

L.S. Height

Cutoff Angle

20

6.12

73

25

7.64

73

30

9.17

73

35

10.70

73

40

12.23

73

45

13.76

73

50

15.29

73

The applicant may also modify light standard heights to adjust
for cutoff, with the seventy-three degree (73°) cutoff angle constant.
The pole height in a non-residential district may be altered as follows:

When the cutoff angle is constant, the pole height may be calculated
as follows:

If a year-round, opaque screen is present or proposed along the boundary between the non-residential district and the residential district and the screen prohibits light travel onto the adjoining or abutting property, the Planning and Zoning Commission may waive the above restrictions established in Section 405.680(C)(1) of this Chapter and approve light standards with cutoff angles and heights regulated in "General Standards" Section 405.680(B) of this Chapter.

Major Outdoor Recreation Facilities. Lighting systems and standards for major outdoor recreation facilities as determined by the Planning and Zoning Commission, such as athletic fields or stadiums, shall require approval of conditional use permit in accordance with Section 405.1070.

A network or system or any part thereof used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances or other equipment.

Providing or delivering an economic good or an article of
commerce including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service
to one (1) or more persons located within or outside of the City using
facilities located within the City.

Any person desiring to place facilities on private property other than roof-mounted communications equipment or communications towers (See Section 405.470.) must first apply for and obtain a facilities permit in addition to any other building permit, license, easement, franchise or authorization required by law. The Director may design and make available standard forms for such applications, requiring such information as allowed by law and as the Director determines in his/her or her discretion to be necessary and consistent with the provisions of this Section 405.690 and to accomplish the purposes of this Section 405.690. Each application shall at minimum contain the following information, unless otherwise waived by the Director:

The name of the person on whose behalf the facilities are to
be installed and the name, address and telephone number of a representative
whom the City may notify or contact at any time (i.e., twenty-four
(24) hours per day, seven (7) days per week) concerning the facilities;

A description of the proposed work, including a site plan and
such plans or technical drawings or depictions showing the nature,
dimensions, location and description of the facilities and their proximity
to other facilities that may be affected by their installation.

Each such application shall be accompanied by an application fee approved by the City to cover the cost of processing the application. The fee shall be in the same amount as established for private service connections under Appendix A to Chapter 515 of the Code of Ordinances (ROW Usage Code fees) and related escrows shall apply.

Each application shall be accompanied by certification from the applicant
that it has provided written notice of the application to all property
owners within one hundred eighty-five (185) feet of the site including
a reasonably detailed description of the work to be done, the location
of the work and the time and duration of the work.

The Director shall promptly review each application and shall grant or deny the application within thirty-one (31) days. Unless the application is denied pursuant to Subsection (B)(4)(d) hereof, the Director shall issue a facilities permit upon determining that the applicant:

Is in full compliance with this Section 405.690 and all other City ordinances. The Director may establish procedures for bulk processing of applications and periodic payment of fees to avoid excessive processing and accounting costs.

It is the intention of the City that proposed facilities will not impair public safety, harm property values or significant sight lines or degrade the aesthetics of the adjoining properties or neighborhood and that the placement and appearance of facilities on private property should be minimized and limited in scope to the extent allowed by law to achieve the purposes of this Section 405.690. To accomplish such purposes the Director may impose conditions on facilities permits including alternative landscaping, designs or locations, provided that such conditions are reasonable and necessary, shall not result in a decline of service quality and are competitively neutral and non-discriminatory.

An applicant receiving a facilities permit shall promptly notify
the Director of any material changes in the information submitted
in the application or included in the permit. The Director may issue
a revised facilities permit or require that the applicant reapply
for a facilities permit.

For any other reason to protect the public health, safety and
welfare, provided that such denial does not fall within the exclusive
authority of the Missouri Public Service Commission and is imposed
on a competitively neutral and non-discriminatory basis.

The Director may revoke a facilities permit without fee refund after notice and an opportunity to cure, but only in the event of a substantial breach of the terms and conditions of the permit or this Section 405.690. Prior to revocation the Director shall provide written notice to the responsible person identifying any substantial breach and allowing a reasonable period of time not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be stopped to protect the public safety. The cure period shall be extended by the Director on good cause shown. A substantial breach includes, but is not limited to, the following:

A failure to complete facilities installation by the date specified
in the permit, unless an extension is obtained or unless the failure
to complete the work is due to reasons beyond the applicant's control;
and

A failure to correct, upon reasonable notice and opportunity to cure as specified by the Director, work that does not conform to applicable national safety ordinances, industry construction standards or the City's pertinent and applicable ordinances including, but not limited to, this Section 405.690, provided that City standards are no more stringent than those of a national safety ordinance.

Any breach of the terms and conditions of a facilities permit shall also be deemed a violation of this Section 405.690 and in lieu of revocation the Director may initiate prosecution for such violation.

Appeals. Any person aggrieved by the final
determination of the Director may file a petition for review pursuant
to Chapter 536, RSMo., as amended, in the Circuit Court of the County
of St. Louis. Such petition shall be filed within thirty (30) days
after the Director's final determination.

Facilities shall be placed underground, except when other similar
facilities exist above ground or when conditions are such that underground
construction is impossible, impractical or economically unfeasible,
as determined by the City, and when in the City's judgment the above
ground construction has minimal aesthetic impact on the area where
the construction is proposed. Facilities shall not be located so as
to interfere, or be likely to interfere, with any public facilities
or use of public property.

Facilities shall be located in such a manner as to reduce or eliminate
their visibility. Non-residential zoning districts are preferred to
residential zoning districts. Preferred locations in order of priority
in both type districts are:

Facilities shall be a neutral color and shall not be bright, reflective
or metallic. Black, gray and tan shall be considered neutral colors,
as shall any color that blends with the surrounding dominant color
and helps to camouflage the facilities. Sight-proof screening, landscape
or otherwise, may be required for facilities taller than three (3)
feet in height or covering in excess of four (4) square feet in size.
Such screening shall be sufficient to reasonably conceal the facility.
A landscape plan identifying the size and species of landscaping materials
shall be approved by the Director prior to installation of any facility
requiring landscape screening. The person responsible for the facilities
shall be responsible for the installation, repair or replacement of
screening materials. Alternative concealment may be approved by the
Director to the extent it meets or exceeds the purposes of these requirements.

Facilities shall be constructed and maintained in a safe manner and
so as to not emit any unnecessary or intrusive noise and in accordance
with all applicable provisions of the Occupational Safety and Health
Act of 1970, the National Electrical Safety Code and all other applicable
Federal, State or local laws and regulations.

No person shall place or cause to be placed any sort of signs, advertisements
or other extraneous markings on the facilities, except such necessary
minimal markings approved by the City as necessary to identify the
facilities for service, repair, maintenance or emergency purposes
or as may be otherwise required to be affixed by applicable law or
regulation.

If the application of this Subsection excludes locations for facilities
to the extent that the exclusion conflicts with the reasonable requirements
of the applicant, the Director shall cooperate in good faith with
the applicant to attempt to find suitable alternatives, but the City
shall not be required to incur any financial cost or to acquire new
locations for the applicant.

Any person installing, repairing, maintaining, removing or operating
facilities, and the person on whose behalf the work is being done,
shall protect from damage any and all existing structures and property
belonging to the City and any other person. Any and all rights-of-way,
public property or private property disturbed or damaged during the
work shall be repaired or replaced and the responsible person shall
immediately notify the owner of the fact of the damaged property.
Such repair or replacement shall be completed within a reasonable
time specified by the Director and to the Director's satisfaction.

At the City's direction, a person owning or controlling facilities
shall protect, support, disconnect, relocate or remove facilities,
at its own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation or maintenance of streets or other
public works or to protect the ROW or the public health, safety or
welfare.

If a person installs facilities without having complied with the
requirements of this Chapter or abandons the facilities, said person
shall remove the facilities and if the person fails to remove the
facilities within a reasonable period of time, the City may, to the
extent permitted by law, have the removal done at the person's expense.

Facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code including, but not
limited to, Building Codes, zoning requirements and the Rights-of-Way
Usage Code in addition to the regulations provided herein.

The City Council is specifically empowered to establish public
parks on public land in any zoning district and may either accept
or reject any portion of the property in any zoning district which
the developers thereof may voluntarily desire to dedicate to the City
as a public park. If any portion of such district is so voluntarily
dedicated, such portion of the property must be shown on the approved
site development plan, all subject to the recommendation of the Planning
and Zoning Commission and the approval of the City Council.

Where
required elsewhere in this Chapter, a minimum of twenty percent (20%)
of the net multiple-family residential acreage shall be devoted to
private useable open space. This is defined as space on a lot that
is:

Devoted to open recreational areas and play fields and other like
uses that are not less than ten thousand (10,000) square feet in area,
at least twenty-five (25) feet away from any principal structure or
parking area and not located within any required setback or minimum
buffer yard.

Where
required elsewhere in this Chapter, the developer of lands shall submit
in association with the site development plan for the proposed project
a proposed trust indenture relating to all of the land within the
development. This trust indenture shall provide for the appointment
of a board of trustees to be selected by the owners of the tract in
an equitable manner. The board of trustees shall be charged with the
duty under this Chapter and under such trust indenture to maintain
all streets, private parks, common areas, walks, fountains, pools,
statuary, landscaping, recreational areas and any other areas or structures
for the common use of the tenants or owners of property within this
district. The trust indenture shall provide an equitable means of
assessment against all land within such tract (with the exception
of public lands) to ensure that the above described areas and structures
shall be maintained in compliance with this Chapter and other ordinances
of the City. In this manner, such areas and structures will remain
attractive and useful to the owners and tenants of property within
this district and shall not be injurious to the health, safety or
welfare of residents of surrounding areas or be detrimental to property
values of land and improvements within such tract or in surrounding
areas.

The
trust indenture shall also provide that the conveyance or change of
ownership or lease of any part of such tract shall be subject to the
terms of this Chapter and of such trust indenture and that no right
or power conferred on the trustees by such indenture to comply with
the provisions of this paragraph shall be abrogated. Such trust indenture
shall be submitted to the City Attorney for approval as to the legal
form and shall be recorded with the Recorder of Deeds of the County
prior to the issuance of any building permit. No change shall be made
in terms or provisions of the original trust indenture without the
written consent of the City Attorney.

All non-residential developments requiring site concept plan and/or
site development plan approval must provide safe, clearly defined
and direct access between buildings and from the principal building's
entrance to the public sidewalk.

Sidewalks shall be designed to avoid conflicts between vehicular,
bicycle and pedestrian traffic. Pedestrian circulation and the placement
of sidewalks shall take precedence over vehicular circulation. In
order to emphasize conflict points and improve pedestrian safety and
visibility, the use of textured or tinted materials for pedestrian
crossings shall be utilized where pedestrian circulation paths cross
a vehicular route as determined by the Planning and Zoning Commission.

The Planning and Zoning Commission, as part of the site development
plan or site concept plan approval, shall require internal sidewalks
to be extended to property lines or to areas anticipated for future
development, redevelopment or expansion.

Flags shall be permitted in any zoning district without a permit.
Each lot or parcel of land in the City shall be limited to the display
of not more than two (2) flags. Parcels of land in excess of five
(5) acres in size, however, may display additional flags, provided
that there are not more than four (4) flags displayed per five (5)
acres of land area. In order to meet public expectations, within five
(5) days prior to and three (3) days following a national holiday
such as Independence Day, Memorial Day or Veterans Day, there shall
be no limitation on the number of flags displayed on any parcel of
land within the City. Flagpoles require a building permit and shall
not exceed twenty-five (25) feet in height in residential districts
and thirty-five (35) feet in height in non-residential districts.